[1] An application has been made for approval of an enterprise agreement known as the Visy Board Yatala Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Board Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is to be read in conjunction with the Parent Awards, which contain workplace delegates' rights terms. I am satisfied that clause 6 of the Agreement has the effect of incorporating the delegates rights clauses from those Awards into the Agreement. Therefore, the Agreement contains a delegates' rights term.

[4] I observe that clause 24.1 is likely to be inconsistent with the National Employment Standards (NES). Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

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